In California, which tends to be looser than most states when it comes to marijuana regulations, customers have to be at least age 18 to purchase pot magazines. California even treats pot magazines like pornography in that they require a black plastic shrink wrap that only exposes the title of the magazine.

Following the lead of California, the Colorado marijuana regulation bill H.B. 1317 would treat pot magazines like pornography by implementing advertising restrictions suggested in the original version. The bill would ban “mass-market [marijuana] campaigns that have a high likelihood of reaching minors,” including a requirement that “magazines whose primary focus is marijuana or marijuana businesses” be kept behind store counters.

While reports say the bill would treat pot magazines like pornography, these laws would in fact be stricter. The minimum age for purchasing pornography in Colorado is age 18 while pot magazines would be limited to those 21 and up.

Republican Representative Bob Gardner, sponsor of the magazine amendment, says pot magazines are “analogous to the pornography example.” Gardner provided his justification for treating pot magazines like pornography, saying, “As we legalize marijuana, I think we can also control — in time place and manner — how it is advertised. I think that it’s constitutionally defensible.” The Colorado Senate has delayed a vote on the pot magazine requirement.

Speaking for High Times magazine, lawyer David Holland said the pot magazine would sue because they say the restriction would be “patently unconstitutional.” Holland says, “It is a content-based restriction that violates freedom of speech.”

The Colorado H.B. 1317 bill would also “includes labeling and packaging requirements, and limits retail sales to out-of-state customers to 0.25 ounce in a single transaction, though all adults would be allowed to possess a full ounce of the drug.”

What do you think of Colorado lawmakers wanting to treat pot magazines like pornography?